SCHEDULE 3Enforcement of the law on unfair contract terms and notices
Application for injunction or interdict
3
(1)
A regulator may apply for an injunction or (in Scotland) an interdict against a person if the regulator thinks that—
(a)
the person is using, or proposing or recommending the use of, a term or notice to which this Schedule applies, and
(b)
the term or notice falls within any one or more of sub-paragraphs (2), (3) or (5).
(2)
A term or notice falls within this sub-paragraph if it purports to exclude or restrict liability of the kind mentioned in—
(a)
section 31 (exclusion of liability: goods contracts),
(b)
section 47 (exclusion of liability: digital content contracts),
(c)
section 57 (exclusion of liability: services contracts), or
(d)
section 65(1) (business liability for death or personal injury resulting from negligence).
(3)
A term or notice falls within this sub-paragraph if it is unfair to any extent.
(4)
A term within paragraph 1(1)(b) or (c) (but not within paragraph 1(1)(a)) is to be treated for the purposes of section 62(4) and (5) (assessment of fairness) as if it were a term of a contract.
(5)
A term or notice falls within this sub-paragraph if it breaches section 68 (requirement for transparency).
(6)
A regulator may apply for an injunction or interdict under this paragraph in relation to a term or notice whether or not it has received a relevant complaint about the term or notice.